Appeal Against An Exclusion Order/Deportation Order Made Against An EEA National Or A Family Member Of An EEA National

Deportation of EEA nationals and their family members is considered under the Immigration (European Economic Area) Regulations 2006. Under regulation 21 of these regulations, EEA nationals can only be deported from the UK on the following grounds:

public policy

public security

public health

For a deportation/exclusion order to be made against an EEA national or family member of the EEA national, the SSHD must be satisfied the person’s conduct represents a genuine, present and sufficiently serious threat which affects one of these fundamental interests of society.

The Home Secretary decided the public interest is not generally served by enforcing the deportation of Irish nationals (citizens of the Republic of Ireland), except in the most exceptional circumstances. On 19 February 2007, the Home Secretary decided the public interest was not generally be served by the deportation of Irish nationals (citizens of the Irish Republic), except in special circumstances. This agreement covers Irish nationals and anyone of dual Irish and another nationality. It does not cover non-EEA nationals who are the dependants of Irish nationals.

The SSHD must consider any rights specified in the European Convention on Human Rights (ECHR) for the FNO and their family members as well as the following individual factors:

severity of offence

length of sentence

age

state of health

length of UK residence

strength of ties in the UK

extent of links with the country of origin

Early removal scheme (ERS)

Determinately-sentenced FNOs can be released from prison anytime between the halfway point of their sentence and sentence expiry date, for the specific purpose of being removed from the UK to their home country. EEA nationals can be considered under this scheme if they meet the criteria for deportation.

Tariff-expired removal scheme (TERS)

Indeterminately-sentenced FNOs can be released from prison after serving their minimum tariff, for the specific purpose of removal from the UK to their home country, without the need for authorisation from the Parole Board. EEA nationals can be considered under this scheme if they meet the criteria for deportation. If they are released for removal under TERS, they will already be the subject of a DO, and their departure will be enforced under that authority.

Appeal Against Decision To Deport

If you are served with a decision to deport you from the UK as a result of your criminal conviction(s) and you have been given a right to appeal to the First Tier Tribunal, you can file an appeal to the First Tier Tribunal within 14 days of receiving the notice of deportation. We can provide all the required legal help and assistance you need in relation to your deportation appeal. The Immigration Judge at First Tier Tribunal will hear your appeal and either allow the appeal or dismiss the appeal.

Why Choose Sunrise Solicitors For Deportation Appeal?

The immigration solicitors at Sunrise Solicitors are experts in dealing with deportation appeals. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration solicitors in London or Manchester in relation to your deportation appeal against the decision to deport made by the Home Office and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

If we are instructed by you to represent you regarding your deportation appeal matter, the immigration casework to be carried out by our immigration solicitors will include the following:

Taking detailed instructions from you and advising you about the relevant immigration laws and procedures to be adopted by the First Tier Tribunal in dealing with your deportation appeal;

Discussing your deportation appeal matter in detail with you and advising you about the weaknesses and strengths of your deportation appeal;

Advising you about possible grounds to appeal against the decision to deport;

Advising you about the documentary evidence to be submitted in support of your deportation appeal;

Assessing the documentary evidence to be submitted in support of the deportation appeal and discuss the same with you;

Completing the relevant appeal form and discussing the same with you;

Preparing the grounds of appeal in support of the deportation appeal;

Preparing a cover letter to introduce and support the deportation appeal;

Submitting the notice of appeal to the First Tier Tribunal with all the supporting documentation and grounds of appeal;

Going through the respondent's bundle with you and discussing the same with you;

Preparing a detailed witness statement of the appellant and any other witness(es) who will appear in court to give oral evidence;

Preparing the indexed and paginated appeal bundles of documents to be submitted in support of the deportation appeal;

Arranging a pre-hearing conference with the Barrister who will discuss your case with you and advise you about the court procedures in relation to your deportation appeal;

Representations by the instructed Barrister before the Immigration Judge at First Tier Tribunal in your deportation appeal hearing;

Doing all the follow up work until appeal determination is received from the First Tier Tribunal.

Our Fee For Deportation Appeal

We will charge you a fee from £1,800.00 + VAT for our professional immigration services in relation to your deportation appeal. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.

If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.

It is pertinent to note that the agreed fee will not cover any disbursements to be incurred by us on your behalf e.g. Barrister's fee, court fee, translation of documents, Medical Reports etc.

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